LAWS(DLH)-2014-9-167

PRADEEP Vs. STATE

Decided On September 29, 2014
PRADEEP Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Charged for having murdered his wife in the room taken on rent by Mahender PW-2, the co-brother of the appellant in which room Mahender and his wife were staying with the appellant and his wife and their minor daughters, on May 15, 2011 around 10.00 P.M., vide impugned decision dated July 10, 2014, the appellant has been convicted and vide order on sentence dated July 14, 2014, he has been sentenced to undergo imprisonment for life.

(2.) The incriminating evidence against the appellant held proved by the prosecution is :- (i) the recovery of the phawra Ex.P-1 at the instance of the appellant, which as per the doctor who conducted the post mortem of the dead body of the deceased was capable of causing injuries found on the dead body of the deceased; (ii) the testimony of PW-1 and PW-2 establishes the appellant being present in the house when the offence was committed and he was the assailant; and (iii) the appellant having absconded.

(3.) Appellant challenges his conviction urging that Sangeeta PW-1, resiled from what she stated during examination-in-chief when she was crossexamined. So did Mahender PW-2.